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Doctors treatment plan...

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wesley90

Junior Member
Maryland

I am not sure if this is the right section as this is not regarding a malpractice...anyways...here it is...

Assume the following scenerio:

A student's father dies his 9th grade year of high school. The student was on the high school football team in 9th grade but was only on it for 2 weeks as his father fell ill and needed his care. The student then plays football his 10th, 11th, and 12th grade years.

According to state provisions set by the Maryland Public School Athletics Department, a student has 4 years of eligibility if he plays his 9th grade year and only 3 if he doesnt play his 9th grade year.

A psychiatrist reccomends as part of his treatment plan that the now 12th grade student goes back to high school for a 5th year with football eligibility. By denying the extra year, the board essentially denies the doctors reccomendation for treatment and puts the student at risk. According to the provisions set out by the Athletics board, technically the student does not have another year to play.

A letter is written to the board of athletics director who has power to give an extra year (which has never been done in the athletics board's history) from the psychiatrist requesting the extra year for treatment purposes.

The executive director replys by denying it reciting the provision previously mentioned.

Does the student have a case against the board for them basically denying treatment? Would the American Disabillities Act come into play?
Your input is appreciated.
 


JETX

Senior Member
wesley90 said:
Does the student have a case against the board for them basically denying treatment?
No. A doctors OPINION does not 'trump' the state provisions.

Would the American Disabillities Act come into play?
No. A students eligibility (or not) does not fall under the provisions of the Act.
 

wesley90

Junior Member
In the letter, the doctor said:

"This extra year is necessary due to his medical (anxiety) condition and unfortunate life events which have disrupted his psychological, emotional, and academic development."

That isnt an opinion, that is a treatment.
 

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